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HomeMy WebLinkAboutPLANNING MINUTES 2008-05-13MINUTES OF THE 963x" PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 13, 2008, the City Planning Commission of the City of Livonia held its 963`° Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:00 p.m. Members present: William LaPine Deborah McDermott Ian Wilshaw Ashley Varloogian Carol A.Smiley John Walsh Members absent: R. Lee Morrow Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may or may not use depending on the outcome of the proceedings tonight. ITEM#1 PETMON2008-03-02-11 T -MOBILE Ms. Smiley, Secretary, announced the first item on the agenda, Pefifion 2008-03- 02-11 submitted by T -Mobile Central L.L.C. requesting waiver use approval to construct a 85 fool flagpole -type wireless communication facility at 29100 West Chicago Avenue, located on the north side of West Chicago Avenue between Middlebelt Road and Harrison Road in the Northwest % of Section 36. Mr. Taormina presented a map showing the property under pefition plus the exisfing zoning of the surrounding area. May 13, 2008 24725 Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated April 17, 2008, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal petition. Then= are no additional right-of-way requirements for this site. An address of 29150 West Chicago Avenue should be established for the tower site. The legal description of the base parcel should be checked for accuracy." The letter is signed by Robert J. Schron, P.E., for the City of Livonia. The second letter is from the Livonia Fire & Rescue Division, dated April 7, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an 85 foot fiagpole-type wireless communication facility on the property located at the above - referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated April 10, 2008, which reads as follows: We have reviewed the plans in connection with T -Mobile Flagpole Towerlocated at 29100 West Chicago (Emerson Middle School). We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 21, 2008, which reads as follows: "Pursuant to your request of April 2, 2008, the above -referenced petition has been reviewed. A landscape plan has not been provided. This item should be addressed to the Commission's and/or Council's satisfaction. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Planning Department before we go to the petitioner? Seeing none, would the petitioner please step forward. Wallace R. Haley, Haley Law Finn, P.L.C., 8065 Grand River, Brighton, Michigan 48114. Our office is here tonight representing T -Mobile. I don't know where to start considering Mr. Taormina's recap was very, very good. In our packet that our office provided, not Mr. Taormina's staff report, it really goes through a lot of the justification on why these things are happening and why it is important to you as a planning group and why it is important to T -Mobile. If you look at where the coverage is being aimed for this site, it is for the residential neighbors in the City of Livonia. They are not trying to cover 96 coming across. They are not May 13, 2008 24]26 using the industrial sites up here to cover all the major traffic. They are covering residents, and that's obviously a trend you will see from all the carriers. Everybody is using their phones at home. Everybody is using their computers at home that use the wireless networking cards. So what you're trying to craft is a solution that can be aesthetically pleasing to the Planning Staff and the city and the residents. T -Mobile has proposed, in this particular case, the flagpole -type stealth lower. Mr. Taormina has put up a computer image. This is actually a photo simulation of what it would look like on the Emerson School property. I brought along a couple of other pictures of flagpoles if you want to see what some actual ones look like. You have one already installed locally in the cemetery. I think it's the Beth EI cemetery. That is approximately, Mark can correct me if I'm wrong, 4 or 5 feet taller than what this one is proposed. What I would rather do at this point in time, given the extensive nature of his recap, is answer any questions that you as a Commission may have or the residents may have. Mr. Walsh: Are there any questions for Mr. Haley? Mr. Wilshaw: I have a few questions just based on the initial report that we've heard from Mr. Haley. Is the flagpole going to be painted? What is the appearance of that pole going to be? Mr. Haley: Il would be painted white. Mr. Wilshaw: Painted white. Okay. Similar to the picture that we see on the screen then? Mr. Haley: Yes. Mr. Wilshaw: Okay. Good. Is there going to be a generator located at this particular facility on the ground? Mr. Haley: No, sir. Mr. Wilshaw: Okay. I know that there is pending legislation to require generators for cellular sites as a result of the blackout that occurred several years ago. If that is mandated by the government, do you have adequate facility there to place a generator? Mr. Haley: Yes, we do. There would be sufficient grounds based on that 40 by 40 to do that. Mr. Wilshaw: Okay. Good. What's the diameter of that pole going to be? May 13, 2008 2/]2] Mr. Haley: I don't have the tower drawings because they don't order the actual tower until it's done. I took a look at another 85 fool, 90 fool pole. The base of the pole was 33 inches; the top of the pole was 26 inches, so it has a 9 inch taper. Mr. Wilshaw: Okay. The reason I ask that is because I have looked at a couple of the other stealth poles that are a flagpole design, the one we have in our city and the one in Westland. They are fairly bulky for a flagpole when you look at them up close. From a distance, they look pretty appropriate as long as the flag that's placed on it is complementary in size. Sometimes they put loo small of a flag on there, and it looks quite awkward. But you're not going to maintain the flag or put a flag on there in any way, are you? Mr. Haley: No. We will provide the school a flag that is appropriate for the size of the lower. They will choose when they are going to fly R. Mr. Wilshaw: Okay. Very good. Thank you. Mr. Haley: The other thing loo, I'd like to hand out a picture. Mr. Walsh: If you want to give that to Ms. Vartoogian, she will pass it along. I think she had a question for you as well. Ms. Vartoogian: I do. Do you have any plans to extend the height of the flagpole? Mr. Haley: No. Arguably another carrier could come in and say they would like to be higher. Once we have zoning approval at 85 feel, we can't extend it without coming back in front of you and modifying that whole waiver use and coming back to say why we would want to do it and what reasons were appropriate to allow us to do that. Ms. Vartoogian: Has there been any interest shown by other wireless providers to be located on the same pole? Mr. Haley: Not on this one, not yet. Typically, the way it works is once they go up, then they start contacting the collocation departments of the various carriers. Rather flippantly, I always use the field of dreams. You know, if you build it, they will come. Typically, if you look around your monopoles and other towers in the city, I think you can feel very comfortable that that's happened. Ms. Vartoogian: Okay. Do you plan on submitting any kind of landscape plan or doing any landscaping to that site? May 13, 2008 24]28 Mr. Haley: Because it was a school, because it was so close to the bleachers and it was such a traffic area, the school felt that they didn't need it. Obviously, if you come back as a planning group and say that it should be screened, we would do that; but the reality of it is, it's an area of a lot of chain link fence right now. It's an area of a bleacher. Landscaping, I don't know. I think Mr. Taormina made the comment, I dont know if it would really help to do what you're trying to do with this area because of the school nature and that use there. Ms. Varloogian: Okay. Thank you. That's all. Mr. LaPine: I just have two questions. Mr. Wilshaw brought up the painting of the pole. How often do you have to paint these poles? Is it on a regular cycle? Do you do it every three years, every five years? Or is it that the paint is such that it never needs repainting? Mr. Haley: I'll be honest with you. I dont know the answer. I know typically the requirements of the city, they have to keep it maintained in appearance so if it chipped or something, they would have to paint it. I dont know. I've driven by one in Heartland for a long time. I know it hasn't been repainted. I would have seen it. I'm not saying that they wouldn't though. Mr. LaPine: Okay. I was just curious. The other question I have, one of our members brought up at the study session the fad that originally you weren't going to put any lighting to fly the flagpole at night. Now, I understand there will be lighting there, and it will be at the option of the school. Mr. Haley: I don't think that's correct. I kink the issue was that if you fly the flag constantly, you would have to light it per the rules of etiquette for displaying the flag at night. My understanding is that the school will raise it on appropriate holidays. They're not going to fly it daily, and they will take it down before nightfall. Therefore, it wont need to be lit. They are not intending to fly it at night. Mr. LaPine: Well, lel me ask you this. Is it an inconvenience for you or is it a lot of work to put a light there? For instance, on national holidays, the Fourth of July, Memorial Day, the flag could be flying all night. You have no restrictions. Mr. Haley: No, we have no restrictions to that. We could put a light in there. That's not an issue. I think it is more of an issue that the school didn't want to deal with the raising and lowering of it and didn't want to fly it at all limes. I think there was a consideration May 13, 2008 24]29 there and concern for the neighbors and it being lit also being 500 feet from the residential to the east. Mr. La Pine: Okay. Thank you, Mr. Chairman. Mr. Walsh: Are there any additional questions? Ms. McDermott: I'm one of the commissioners that had concern over the flag being flown or forgotten and not taken down without the lighting, even though people are well intentioned. We already have a problem near my house with another school whose administration does not feel that the flag needs to come down at night without a light. It's been periodic over the years. We've tried to address it. So are you stating that you will put a light in or you wont? Mr. Haley: If you want us to put a light in, we will put a light in. We had no intention, based on our conversations with the school system, of putting a light in. I guess it would come back to the issue of, d you're not flying it at night, you don't want the light on. And I hale to say this, but if you have an issue of somebody not going out and taking it down, you probably have the same issue of somebody not going out and turning the light on. That's something that we can address with discussions with the school. Obviously if we put a big flag and flagpole in, it needs to be flown properly. Mrs. McDermott: Right. Well, regarding turning on and off of the light, I was thinking more of a light sensor type that would come on when it was dark. Mr. Haley: I understand that, but from what my involvement with the School Board and Denise from my office involvement with the School Board, they dont have the intenfion of flying the flag daily from that flagpole. They want to fly it on special occasions and at special times for them. It's my understanding that they would not be flying it at night and it would not be flying over extensive periods. I would hope that it would actually be easier to bring it up and down when you're only doing it on a special basis. Mrs. McDermott: Okay. Just as one commissioner, I feel very strongly that if the flag is up and it's there at night, it has to have the light on or it needs to come down. I think in the school system we need to be teaching the children the proper respect for the flag. So I can't really rely on the administration, unfortunately, to do that because we already have an issue at another school. Thank you. May 13, 2008 2/]30 Mr. Walsh: Are there any additional questions? Mr. Taormina: Considering the fact that the lease area is typically secured, will school personnel have access to that area? Mr. Haley: Yes. Mr. Taormina: Thank you. Mr. Walsh: Are there any other questions before we go to the public? Mr. Wilshaw: Just one additional question, Mr. Haley. I noticed several weeks ago in the Observer there was a small announcement in there that because this is a cellular lower abutting an historical distract, the Wilson properly, they were seeking public comment about that particular issue. Do you know if any comments were given or was that posting put by you or was that by the Historical Commission? Mr. Haley: The way that works, in order to build a lower, you have to have what they call NHPA, National Historic Protection Act, and SHPA, Slate Historic Preservation Act, approval on all lowers. So what happens is, if you're within x amount of feel of any historically implicated areas, which the barn area obviously is, you must give public notice for input. Al this point in time, I have not heard anything that anybody came back with any kind of notice. I haven't heard anything from SHPA that they have any issue. The school itself and football field lends to subsume the historic nature of some of these things. But no, I have not heard anything from that. That announcement happens on almost all cell sites. They have to seek public comment. Mr. Wilshaw: Okay. Good. Thanks. I appreciate the follow-up on that. Mr. Walsh: Are there any additional questions? Mr. Haley, thank you. Mr. Haley: Thank you. Mr. Walsh: Al this point, we'll open up the public hearing. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, we will close the public hearing. A motion would be in order. On a motion by Smiley, seconded by Wilshaw, and unanimously adopted, 8 was #0535-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 13, 2008, on Petition 2008-03-02-11 submitted by T-Mobile Central L.L.C. May 13, 2008 24]31 requesting waiver use approval to construct a 85 fool flagpole - type wireless communication facility at 29100 West Chicago Avenue, located on the north side of West Chicago Avenue between Middlebelt Road and Harrison Road in the Northwest ''/ of Section 36, which property is zoned PL, the Planning Commission does hereby recommend to the City Council that Petition 2008-03-02-11 be approved subject to the following conditions: 1. That the Location Plan marked Sheet LP prepared by Terra Consulting Group, dated February 20, 2008, is hereby approved and shall be adhered to; 2. That the Engineering Site Plan marked Sheet C-1 prepared by Term Consulting Group, dated February 20, 2008, is hereby approved and shall be adhered to; 3. That the Site Elevations and Antenna Mounting Details Plan marked Sheet ANT -1 prepared by Terra Consulting Group, dated February 20, 2008, is hereby approved and shall be adhered to; 4. That a light shall be installed either on or at the base of the flagpole for the purpose of illuminating the flag at night, and such lighting shall be aimed and shielded so as to be deflected away from any adjacent or neighboring residential properties; 5. That barbed wire shall not be allowed anywhere on the facility; and 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department al the time the building perils are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 18.42A and 19.06 of the Zoning Ordinance #543. 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. May 13, 2008 24732 FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there anydiscussion? Ms. McDermott: Yes, I think probably not surprising, I just wanted to add, I have nothing against the cell lower. It looks nice, but unless we can be guaranteed that the light will be installed, I can't support this item. Mr. LaPine: It is my understanding, and correct me, Mark, if I'm wrong, according to the motion, there shall be a light put at the bottom of the flagpole, and if the flag is not taken down at night, then the light will shine on the flag. Is that corect? Isn't that what the motion more or less says? Mr. Taormina: You staled that you thought the motion was such that it required the light. Mr. LaPine: That's right. Mr. Taormina: And I think the light is only required if the intention is to fly it at night. Mr. LaPine: How do you know if the school board's intention is to fly it at night? If the light is there, then if they want to fly it, they can fly it. If its not there, well, if they fly it and they don't have a light on it, they're really breaking the law to my way of thinking. Mr. Taormina: Its up to the Commission to decide if you want to alter the resolution to require the light so that it's available when and if its flown at night. Mr. LaPine: Mr. Chairman, I'll ask to make a motion to charge it to require that the light be installed at the base of the flagpole. Ms. Smiley: So that it's available to them should they decide to fly it at night? Mr. LaPine: If they decide they want to fly it at night, it would be available. Ms. Smiley: I don't have a problem with that. I think we're putting the responsibility on the petitioner to do the lowering and mising of the flag and make sure that the proper etiquette or procedures are followed when flying the flag, when its not really something theyre going to be doing. It's the school district. Does that put the responsibility on them or not? May 13, 2008 2/]33 Mr. Walsh: No, the responsibility will slay with the schools. Ms. Smiley: But the lighting will be available should they elect ... Mr. Walsh: Is you agree to the change. Correct. Ms. Smiley: Okay. All right. That's fine. Mr. Walsh: Mr. Wilshaw, are you agreeing with that change? Mr. Wilshaw: That's fine. Mr. Walsh: All right. Mrs. McDermott? Mrs. McDermott: Yes. I just wanted to say that you dont have to worry about the responsibility of the school if you put in a motion sensor because its going to go on when it's dark, and if the flag happens to be up, it will be okay. So that's why I suggested that originally. Ms. Smiley: It will light up every night? Do you really want to light the flagpole up every night in the middle of the field? Mrs. McDermott: I dont know any other way. I mean, no, I probably don't, but I dont know any other way to make sure that the school handles it properly. Mr. LaPine: They have a custodian at the school. I understand from the petitioner that the custodian at the school will have a key to get into where the flag would be. Therefore, if the flag is up at night and he sees it up at night, then he can turn on the light. If they dont want the light on, they can shut it off. Either way, we're covered. Mr. Walsh: As it stands right now, the light is required to be installed. It doesn't require that its on. Mr. LaPine: That's right. Ms. Smiley: I think I prefer that. Mrs. McDermott: I think I could compromise with that. However, the school that has a problem right now also has a custodian that could lower the flag but the administration doesn'lfeel that it's necessary. Mr. LaPine: As far as I'm concern, the administration should be told that the law is, when a flag is flying at night, the light should be on. We May 13, 2008 247M want to make sure that you do your job. I don't see a big problem. Mr. Walsh: All we can do is condition the motion but we cannot mandate how they conduct themselves. So then as it stands, the light is required with the installation. It's turning and off would be up to the school system and/or T -Mobile. Does everybody understand the nature of the motion? Are there any other comments? Hearing none, then a vole is in order. Mr. Walsh, Chairman, declared the motion is carred and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION 2008-04-02-12 MAYFIELD PARTNERS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 04-02-12 submitted by Mayfield Partners, L.L.C. requesting waiver use approval to construct and operate a child care facility at 32520 Seven Mile Road, located on the north side of Seven Mile Road between Mayfield Avenue and Shadyside Avenue in the Southwest % of Section 3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are several items of correspondence. The first item is from the Engineering Division, dated April 17, 2008, which reads as follows: `Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal petition. According to our records, the right -0f -way of Seven Mile has been dedicated, and there are no additional right -0f -way requirements for this site. The legal description should have a bearing of S. 00TV30" E. in its eighth line. The address of 32520 Seven Mille Road is correct. Since the storm drainage facilities outlet to a private sewer, a Wayne County detention permit may be required. This should be checked with the County. Detention facilities have been shown. A copy of the crossaccess easement should be provided prior to site plan approval." The letter is signed by Robert J. Schron, P.E., for the City of Livonia. The second letter is from the Livonia Fire & Rescue Division, dated April 17, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a child care May 13, 2008 2/735 facility on property located at the above -referenced address. We have no objections to this proposal with the following stipulations: (1) If subject building(s) are to be provided with an automatic sprinkler system, an onsite hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Adequate hydrants shall be provided and located with a maximum spacing of 300 feet betwe an hydrants. Most remote hydrant shall flow 1,500 GPM with a residual pressure of 20 PSI." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated April 22, 2008, which reads as follows: "We have reviewed the plans in connection with Children of America Child Care located at 32520 7 Mile. It is requested that the Planning Commission require installation of a stop sign at their eastern exit at Mayfield. The stop sign must comply with the standards as set forth in the Manual on Uniform Traffic Control Devices." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 21, 2008, which reads as follows: "Pursuant to your request of April 16, 2008, the above -referenced petition has been reviewed. The following is noted. If the additional parking spaces located at the northwest comer of the property are to be considered employee only parking, then any employee with a handicap larking permit must be permitted to use the barrier free spaces as shown near the front entry. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. The next letter was submitted this evening to the Planning Commission by Pam Tanner, addressed to Children of America, dated February 25, 2008, which reads as follows: "1 am writing to you as a longtime business owner and concerned citizen of Livonia, Michigan. 1 was one of the residents that received a letter regarding your proposed site. As 1 am sure you are aware, your company is proposing a new daycare center in our town of Livonia on Seven Mile Road east of Farmington Road. My concems minor those of many others in the area and include: Trafflc/Noise: Drop-offs and pickups to/from your proposed center will have to enter and exit via a side street, Mayfield during peak traffic times, mornings and afternoons. Back-ups and congestion are sure to occur and, with no traffic light from Mayfield onto Seven Mile, safety is a concern. This will be a daily frustration to your clients. Inadequate Space: Due to the relatively small parcel size for such a large, proposed facility, when state-rnandated playground size requirements are factored n, your center will have a tiny parking lot (12 spaces for staff and only 8 others). This will further exacerbate traffmJparking congestion along Mayfield and onto Seven Mile, day to day, not to mention the logjams that would occur when special events are held. In May 13, 2008 24736 addition, 1 wonder who is advising you locally on site acquisition. Some facts on our area you may not be aware of.. Demographics: The median age of Livonia residents continue to increase, affecting elementary school enrollment, with many schools closing in recent years. In tum, 1 know this has affected daycare centers in the area, many of which have also closed their doors. Saturation/Economy. Even with center closings, 99 existing Livonia centers stmgg/e to compete in our challenged marketplace. The terrible Michigan economy, which leads the nation in unemployment, further, exacerbates the problem, leading to rampant disenrollments by laid off parents. Chrysler announced in recent weeks it plans 15,000 new layoffs nationwide (including in Michigan) in the coming weeks and months. GM has also offered buyouts to 50,000 employees. Finally, a direct competitor, The Learning Experience, is opening a new center a mile and a half west of your proposed Livonia site. This has been strategically placed next to Victor Parkway, an area that houses several commercial businesses as well as a large health care establishment, Providence Hospital, directly across the street. 1 and others in our city hope you will consider these dynamics before moving forward with yourp/ans." The letter is signed Concerned in Livonia. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Planning Department? Mr. Wilshaw: Mr. Taormina, in your presentation you mentioned that the dumpster gales would be metal enclosed wood slates. I assume that you misspoke on that? Mr. Taormina: I think that reflects what is being proposed. However, typically, in a resolution that we offer, they would have to have steel gates to comply with our new policy. Mr. Wilshaw: Okay. I will double check with the petitioner and make sure he's okay with that. Thank you. Mr. Walsh: At this point, we will go to the petitioner. Steve Pyrkosz, Mayfield Partners, L.L.C., 51331 Pontiac Trail, Wixom, Michigan 48393. With me today is Kevin Schonsheck, representing Mayfield Partners with the same address. Again, Mr. Taormina did a great job explaining/summarizing what we've been through and what we're trying to achieve. I'll try to reiterate some of the things that Mr. Taormina said. We came to you in October of last year. Arohilecturally, it was the same project. Its been kind of a numbers game since then. We came to you requesting 157 students and 20 some parking spaces. We had a small dropoff May 13, 2008 24737 rather than designated parking spaces for drop off and pickup. Since that time, we've spoken with Children of America and they've requested that we try to get 177 students approved, which increased the teacher count, which increased the parking requirements. So from the time it went to the Planning Commission with a recommendation for approval for the waiver and site plan, to the time that the City Council was asked to form an opinion on this, the scope changed. We've also, in that time, mel with Wayne County and got feedback from Wayne County on how they fell this project would impact Seven Mile Road. Based on that discussion and the correspondence back and forth, we changed our design in the boulevard entrance off of Mayfield and we wrapped around the entrance and provided kind of an access point, a deceleration lane, if you will. They had a concern about the number of cars that would potentially queue up and therefore backup onto Seven Mile. Once we made this change, they were satisfied with the improvements to the boulevard and with the queuing. Also in that time, we've hired Parson's Transportation to provide a traffic gap study to analyze this building and compare it to statistics from Children of America all across the country. So we went back to Children of America and we asked them to give us comparable daycare centers that they've built and statistics on traffic flow and teachers and percentages of students that show up on a daily basis. With all this information, a gap study was generated, which ultimately told us that this properly as a daycare would generale 790 some trips a day. In comparison, a bank could go on this property, which does not require a waiver use, and it could generale up to 830 six days a week versus five days a week here. So with that traffic study, we took another look at our loading/unloading area. We designed it for the peak durations, the peak hours of the day. With that, the worse case scenario was 55 pickups or drop offs at any given hour with an average time of 10 minutes. That equated to 10 spaces that we would need for loading. Our particular plan as proposed today would allow for 17 if you discount the barrier free parking spaces, 17 loading and unloading spaces. So we've increased the loading and unloading spaces, which we feel would address part of the queuing issues. We've addressed the Wayne County issues with the boulevard entrance, and we've satisfied Children of America. And Children of America is also committed to limiting the number of students to 150, which is less ban what you previously approved in October. So with all that being said, we feel like we're addressing the concerns the City Council had as far as safety and welfare of the students and residents, and we feel like this is a better solution in the end. So we're in front of you again to go through the process, and ultimately, we hope to have this approved. So if there are any questions, I can May 13, 2008 24]38 try to help you. Actually, I'm not sure, Mr. Taormina, that we received any of those review letters yet. But from what I heard, it does sound like there are any issues that we can't address and wouldn't be willing to address. The dumpster gates, of course, we can modify those to meet the minimum standards. We dont want them to fall apart either, so that's not a big deal for us. But if there are any questions, we're here to answer them for you. Mr. Walsh: Questions? Mr. Wilshaw: Thank you, Mr. Pyrkosz, for addressing the dumpster enclosures. Mr. Pyrkosz: Sure. Mr. Wilshaw: The gap study that you had performed by a traffic engineer, is that study available to us to see? Mr. Pyrkosz: Yes. I have a copy of it here if you'd like. Its kind of technical information, but I can definitely get you all copies of it for your review. Mr. Wilshaw: I'd appreciate that. Thank you. Mr. Pyrkosz: Sure. Mr. Walsh: Are there any additional comments? Seeing no additional questions, I'd like to thank you both for being here. We're going to go to our public hearing at this point in time. Is there anybody in the audience that wishes to speak for or against this pefition? Seeing no one coming forward, a motion would be in order. Good evening. Pam Tanner I just have a question regarding events. If they have 150 students and they have parking for 26 cars or families, if they have an event such as a Valentine's party, holiday party, graduation party, where would they propose to put all the cars? Mr. Walsh: We will put that question to them at the end of the public hearing. Ms. Tanner: Thank you. Raymond Monczka, 18355 University. Basically, I'm in support of this because the community is changing. I just feel that its not going to be for all of us old folks. The young people need a place to drop their kids off and raise them and pick them up because two people in May 13, 2008 24]39 a family are working. I see that all the time. I build homes downnver and the subdivision is empty during the day because everyone is working. So they need childcare. Mr. Walsh: Thank you, sir, for being here tonight. Is there anyone else in the audience wishing to speak for or against this item? Seeing no one coming forward, then the public hearing portion is closed. Mr. Pyrkosz, if I could have you come forward, we had a question from one of our residents regarding parking and events in general. How would you handle that if you have a large event? Mr. Pyrkosz: To be honest, I haven( had those discussions. I think Kevin could probably handle that better. Kevin Schonsheck: This question was raised at the City Council meetings. We actually flew in the tenant from Florida to address that concern. They do not have any special events whatsoever, so the parking is not an issue. Mr. Walsh: Okay. Thank you. Mr. Schonsheck: You're welcome. Mr. Walsh: We've had public commentary. Unless there are any additional questions, a motion would be in order. On a motion by Wilshaw, seconded by La Pine, and unanimously adopted, it was #0536-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 13, 2008, on Petition 2008-04-02-12 submitted by Mayfield Partners, L.L.C. requesting waiver use approval to construct and operate a child care facility at 32520 Seven Mile Road, located on the north side of Seven Mile Road between Mayfield Avenue and Shadyside Avenue in the Southwest I/ of Section 3, which properly is zoned G7, the Planning Commission does hereby recommend to the City Council that Petition 2008-04-02-12 be approved for the following reasons or subject to the following conditions: 1. That the maximum number of children to be cared for at this facility shall be one hundred and fifty (150); 2. That the Layout and Paving Plan marked Sheet CP -01, dated April 11, 2008, as revised, prepared by Schonsheck Inc. is hereby approved and shall be adhered to, subject to any revisions as noted below; May 13, 2008 24740 3. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and access, be supplied to the City; 4. That the Landscape Plan marked Sheet L-100 dated April 11, 2008, as revised, prepared by Schonsheck Inc., is hereby approved and shall be adhered to; 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 6. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 7. That the Building Elevation Plan marked Sheet A-300 dated April 11, 2008, as revised, prepared by Schonsheck Inc., is hereby approved and shall be adhered to; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use dosed at all times; 10. That the petitioner shall secure the necessary permits, including storm nater management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 11. That all light fixtures shall not exceed twenty (20') feel in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 12. That the fencing that encompasses the outdoor play area shall be at least five (5) feet in height; 13. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; May 13, 2008 24741 14. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 15. That this approval shall incorporate the stipulation contained in the correspondence dated April 21, 2008, from the Inspection Department; 16. That a stop sign shall be installed at the easterly exit at Mayfield Avenue as recommended in the correspondence dated April 22, 2008, from the Traffic Bureau; 17. That this approval shall incorporate the stipulations listed in the correspondence dated April 17, 2008, from the Fire Marshal; 18. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 19. Pursuant to Section 19.10 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 10.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there anydiscussion? May 13, 2008 24742 Mr. LaPine: That property has been empty for quite a number of years. We've had a number of proposals come in on that which we have turned down, such as a restaurant. In my opinion, this property being developed by a daycare center, probably the least amount of traffic is going to be generated by that. I base that on this assumption. They open at 6:00 a.m. Most of the kids being dropped off is probably going to be from 7:00 a.m. to 8:00 a.m. Now if Joe's Produce was doing business that early in the morning with the amount of traffic they have, then I would say, yes, there's going to be a traffic problem, but that early in the morning, I just don't see that happening. I will make the statement that in the evening, there could be some problems because a lot of people stop at Joe's and pick up stuff on their way home from work. But overall, the amount of traffic that could be generated from a bank, as this gentleman mentioned, would be a heck of a lot more than this childcare center is going to generate. I think it's a good proposal for that location. That's why I'm supporting it. Thank you, Mr. Chairman. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2008-04-03-01 ALLEY VACATING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 04-03-01 submitted by the City Planning Commission, pursuant to Council Resolution #216-07, and Section 12.08.015(A) of Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate the eashWesl alley adjacent to Lots 28 through 40, Lot 201 and Lot 290 and the adjacent vacated north/south alley in Schanhile's Marquette Manor Subdivision, located north of and parallel to Plymouth Road between Cavell and Arcola in the Southeast % of Section 25. Mr. Taormina presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated June 19, 2007, addressed to the City Council, that was in response to Council Resolution 215-07, which requested a report and recommendation from the Administration, which reads as follows: As requested, we have May 13, 2008 24743 investigated the feasibility of vacating the subject alley. There are no businesses o- residences that appear to be using the alley. The party store at Cavell has direct access to Cavell and the current Kentucky Fried Chicken has direct access to Arcola. The tattoo business located mid -block has the alley fenced off from their parking lot The homeowner on Cavell has stated that she does not need access to her existing garage. We recommend that you proceed with vacating this alley. Since there are overhead utilities and sanitary sewers in the alley, a full width easement should be retained for their maintenance. The description of the alley to be vacated follows. The East/West alley adjacent to Lots 28 through 40, Lot 201 and Lot 290 and the adjacent vacated North/South alley in Schanhite's Marquette Manor Subdivision as recorded in Liber 61 of Plats on Page 63, W.C.R." The letter is signed by Robert J. Schron, P.E., City Engineer, and Patrick A. Hogan, Director of Public Works. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Mr. LaPine: Mark, when they talk about a full width easement, are they talking about 12 feet? Mr. Taormina: The easement will be 20 feet. The alleyway being vacated is 20 feet, so there will be an easement retained for the full width, or 20 feet. Even though title will accrue to each of the adjacent property owners, the city and other utility companies will still have access to the easement area for maintenance purposes. Mr. LaPine: The 20 feel would be split between the business owners and residence. Mr. Taormina: That is correct. Mr. LaPine: So no one could build anything on it because there's always a possibility that they may have to go in there and dig that up. Is that correct? Mr. Taormina: That is correct. Mr. Walsh: Are there any more questions for the Planning Department? This is here by our request, so we can go straight to the audience. Is there anybody in the audience that wishes to speak for or against this petition? Please step forward. MaryKaneris, 11610Cavell, Lot 290. The question you had just asked about the easement, both the telephone poles, if you split that alley, they get 10 feel and I gel 10 feel. Both the telephone poles and the May 13, 2008 247" sewer, they'd be on my 10 feel. I have no opposition to vacating this valley because it's dusty. Cars drive by 40 miles per hour. You get all this dust. Its very dose to my house and I'm a new owner there. Honestly, I don't even open my blinds on that side of the house because the driveway is so close, you could ... that dust right there. That's my house and you stand right here in the alley. I can see it. There's nothing blocking it. I'm not opposed to vacating the alley, but I still don't quite understand whalyou're talking about, this right -0f --way. Mr. Walsh: What it means is that if a utility has to gel in there for the purpose of working on the poles or the sewer, they have the right to go in there and do so. In my backyard, for instance, there's a 10 foot easement. They could go in there and disrupt whatever I planted to gel to whatever they have to get to. It would be the same on this properly. Ms. Kaner s: Okay. That one telephone pole, which is right at the end of my driveway, which is right at the end of my house, its completely leaning. It has a transformer on there that's probably as old as the City of Livonia or when that telephone pole was first put up. Is there anything that Detroit Edison would have to do to upgrade this or would that be any of the concern here or I would just contact them? Mr. Walsh: You could contact Detroit Edison directly, but I think Mr. Taormina could give you the city's contact. Mark, would that be possible to at least direct her in that? Mr. Taormina: Yes, we could provide her a contact. Ms. Kaners: The only other question I would have is, when hese business owners and they're both two really nice guys. They have a thriving business. I would understand their point that they would want access to additional parking. This would provide that for them, but as neighbors and people that live there, what type of issues might arise in regards to fencing it off, getting some privacy. Is anything like that going to be involved in any of this? Mr. Walsh: Mr. Taormina, I dont think we're in a position to mandate that, but that would be something they could agree with you on. Mr. Taormina: Each of the property owners would be entitled to fence that portion of the alley that is vacated and reversed to them. Doing so would effectively block access to the alley for any vehicles being able to access from Cavell to the rear portions of these businesses. So, Ms. Kaneris, for example, could take her 10 feel and fence that area off. The owner of the Plymouth Food May 13, 2008 24745 Store could do the same thing. That would then prohibit access from the alleyway for any vehicles to go in that area. The owner of Eternal Tattoos and the adjacent business here could extend their fence, with permits mind you, for an additional 10 feet to the rear of their businesses. Again, you could do that here, and the owner of this business, formerly the KFC, could do that to their property as well. So you would have certain rights to occupy that land. You would be prohibited from building certain structures, such as sheds or other buildings, but I do not believe you would be prevented from installing a fence or landscaping or those types of improvements with the understanding that if the city or another utility has to get back there for maintenance purposes and those improvements have to be removed or altered, it could be at your expense. Ms. Kaneris: But would that be possibly a requirement that the city might impose so that the kids and residents, so we don't have to sit there and look attheir parking lot? Mr. Taormina: There will be no requirement at this point for them to fence off their area. Let's say, for example, that the owner of Eternal Tattoos wants to construct an addition onto his building. Following the vacating of the alley, he would then have a certain portion of his site abutting residential properly, your site here to the north. The city may require him at that time to build a masonry screen wall along that portion of his property that abuts the single family property. But it wouldn't be required at this time - only in the future should they undertake certain improvements and it's required by the city. They would be basically grandfathered for the time being until such time ... Ms. Kaneris: Until they decide to make improvements? Mr. Taormina: That's correct. Ms. Kaneris: Okay. Thank you. Mr. Walsh: We have one more person coming forward. Mr. La Pine, I'm going to ask you to chair this for a moment. I'll be right back. Mr. LaPine: Okay. Fine. Daniel West, 11640 Cavell. I'm for the vacating of the easement. We gel a lot of cross trafflic. Trucks use it to turnaround from Plymouth Road, Acola, and Cavell and cul through there quite a bit. Dust. I presume it would be less maintenance for the city. My concerns are some kind of banner in between the businesses and the houses, maybe not directly now, but potentially in the future. May 13, 2008 24746 There is a driveway from Cavell into the alley, and I do believe, just so people don't think there is an alley there, even after it is vacated, that something like that should or could be removed. . Mr. LaPine: Let's understand something. Once the property is split, and the Cilys responsibility for the alley no longer exists, it's between the two properly owners. So the City has no more responsibility. You gel 10 feel; he gets 10 feet. We're not going to block off the alley. That would be up the property owners or the homeowners. So, then on the other hand, maybe no one will do anything and the alley will stay the same. If it gels potholes and things like that, the City is not going to come out and repair it because it's no longer their property. I just want you to understand that. Mr. West: Okay. Well, I do believe the city should require at least a barrier in the middle or something before they vacate it so cross traffic can't go through. Mr. LaPine: Unfortunately, that isn't the way it works because you're getting 10 feet of properly. Mr. West: Well, I'm not. Mr. LaPine: Well, whoever the owners are that abut the property. Mr. West Okay. Mr. LaPine: Is there anyone else in the audience wishing to speak? Terry Walker, Eternal Tattoos, 27590 Plymouth Road, Livonia, Michigan 48150. 1 own Eternal Tattoos. I'm all for it. I'll apply for permits to move my fence back and we'll take care of it. We'll end up closing that alley off. Il will be a good thing for me. Mr. LaPine: Okay. Very good. Thank you. Badre Yono, Plymouth Food Stores, 27600 Plymouth Road, Livonia, Michigan 48150. I'm for closing the alleyway. The sooner I can put a fence up and give my neighbor privacy, my business won't interfere with my neighbors. Mr. LaPine: By the way, while you're here, how are things going after you got your liquor license? Mr. Yono: It is doing very good. May 13, 2008 24747 Mr. LaPine: Very good. Thank you. Is there anyone else in the audience wishing to speak? Heading none, I will dedare the public heading closed. Is there any discussion by members of the commission? Hearing none, a motion is in order. On a motion by Smiley, seconded by Vartoogian, and unanimously adopted, 8 was #0537-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 13, 2008, on Petition 2008-04-03-01 submitted by the City Planning Commission, pursuant to Council Resolution #218-07, and Section 12.08.015(A) of Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate the east/west alley adjacent to Lots 28 through 40, Lot 201 and Lot 290 and the adjacent vacated north/south alley in Schanhite's Marquette Manor Subdivision, located north of and parallel to Plymouth Road between Cavell and Arcola in the Southeast % of Section 25, which property is zoned, R7, C-2 and P, the Planning Commission does hereby recommend to the City Council that Petition 2008-04-03-01 be approved subject to the retention of a full width easement for existing public utilities as recommended by the Engineering Division, for the following reasons: 1. That the subject alley is not needed for public access purposes; 2. That the land area of the subject alley can be more advantageously utilized in private ownership in conjunction with the adjoining properties; 3. That the vacating of the subject alley will place the property back on the City's lax rolls; and 4. That no reporting City department or public utility has objected to the proposed vacating. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. Walsh, Chairman, declared the motion is carded and the foregoing resolution adopted. I'd like to thank Mr. LaPine for filling in. It will go on to City Council with an approving resolution. May 13, 2008 24148 On a motion duly made, seconded and unanimously adopted, the 96V Public Hearings and Regular Meeting held on May 13, 2008, was adjourned at 8:14 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman